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SMALL v. LEVY

No. 8989.

355 So.2d 643 (1978)

Mrs. Lillian Schon SMALL v. S. (Samuel) Sanford LEVY, presently sitting as Judge, Division "D", of the Civil District Court for the Parish of Orleans, State of Louisiana.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 1, 1978.

Writ Refused May 5, 1978.

Attorney(s) appearing for the Case

Glenn L. Morgan, New Orleans, for plaintiff-appellant.

Darleen M. Jacobs, New Orleans, for defendant-appellee.

Before SAMUEL, REDMANN, LEMMON, GULOTTA, STOULIG, BOUTALL, SCHOTT, BEER and HUFFT, JJ.

PRESTON H. HUFFT, Judge ad hoc.

Plaintiff, appearing alone and solely in her capacity as a citizen and not as a claimant to the office, brought this application for a Writ of Quo Warranto under LSA-C.C.P. Art. 3901 to direct the defendant, a duly elected and sitting judge of the Civil District Court for the Parish of Orleans, to show by what authority he was holding public office. Plaintiff alleged the defendant was past...

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